News South Africa

Ayob apologises to Mandela after cash row

Siyabonga Mkhwanazi|Published

After strenuously disputing that he unlawfully used R2.2-million from the Nelson Mandela Trust Fund, the elder statesman's former lawyer, Ismail Ayob, has agreed to repay about R800 000.

Not only will Ayob reimburse the trust this amount, but he has also apologised to Mandela for making defamatory remarks about him.

These were the terms of an out-of-court settlement reached between Mandela and Ayob in the Johannesburg High Court on Tuesday following a civil action by the Nelson Mandela Trust Fund against Ayob's unlawful use of millions of rands from the fund.

Mandela's friend and member of the trust George Bizos said he was happy with the settlement and believed Mandela would forgive Ayob.

"He (Ayob) has apologised (and) Mr Mandela has a reputation of forgiving people." Bizos said

The court action followed a notice filed by the trust's members; Bizos and Advocate Wim Trengove, SC, claiming that Ayob had taken R2.2-million without authorisation.

Ayob is a former trustee who was booted out of the trust in 2005 after a bitter court battle with Mandela over the sale of his artworks.

Mandela set up the trust to benefit his children and grandchildren after his death.

After Bizos and Trengove lodged the action, Ayob had angrily claimed that Mandela had refused to pay taxes.

The Sunday Times this week quoted Trengove replying to the allegation as saying: "Ayob has a bitter feud with Mandela and he will not let any opportunity go by to try and embarrass him. All the taxes have been paid and everything has been cleared. There is no difficulty at all."

For over two years Trengove and Ayob had exchanged angry letters in which Ayob claimed that Mandela had been irritated by his failure to raise R50-million for the trust.

But Trengove persistently wanted to know why Ayob had made payments from the trust's account without consulting him and Bizos.

In his reply, Ayob denied any wrongdoing regarding the R2.2-million.

During proceedings on Tuesday, the trust's counsel, Advocate Mike van der Nest, SC, and Ayob's advocates, JG Wasserman and Prince Daniels, SC, told Deputy Judge President Phineas Mojapelo, that the parties had reached a settlement out of court.

As part of this, Ayob agreed to repay the fund R700 000 he had given to Mandela's eight children and grandchildren.

Ayob was also ordered to reimburse the trust R90 561 he had paid to his own company Amacs. He also agreed to pay costs for Mandela's two senior counsel. The payments have to be made before the end of May.

Daniels said that as part of the agreement his client was not going to make any other apology - public or otherwise - than what was contained in the court order.

Speaking after the adjournment, Bizos said Ayob only had to repay R790 000 as the balance of the R2.2-million had been accounted for.